The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1887-01-29


be born alive Or dead. The Senator sue
ceeded admirably in alternately enlightcn
ing and then confounding the doctor, AM
occasionally led him into disagreement
with medical celebrities whom eyeiybod
else recognizes as reliable authority
AFTERNOON.
4 On direct examination the doctor testi
4 fed that from symptoms he had notice.
sometime before October, he was then 0
the opinion that Lottie was pregnant.
4 Mrs. Charity Pruden, foster mother .
defendant. Lottie was sitting up in he
{ room on the evening of Oct. 18th, ant
called me up from the supper table.
saw indications Of what supposed was !
hemorrhage, and that is all | know abou
i 1t. She said, mama, you mustn't be mac
because made such muss When thu
child was found the next day. said. Lot
| tie Lottie, I'm surprised. | don't remem-
Der what she said to me inreply. helped
find the baby, / turned mp the bed for thu
doctor 10 look. When / found she hac
taken the morphine. said 'Lottic. you
have killed yourself, she replied Il don't
want to live" She was then standing by
the wash stand, and put her to bed she
then asked me to forgive her and pray fol
her. AS I held her hand she said. .mama,
| your hand feels like velvet, but mine don't
to you" In reply to the question if she
knew of Lottie's condition prior to this
time in October, witness said, Il had sus-
pected it, but Lottie was SO positive in her
protestations to the contrary that | gave
up the idea"
Stephen Pruden, foster father to Lottie
Il went up stairs that evening in response
to my wife's call, and led Lottie from her
room into another, and then returned down
stairs and sent up neighbor woman who
was in the kitchen.
DR.. Green testified that the defendant
came to him some two or three months
prior to October, and told him she was
in a pregnant condition, and asked for
something to relieve her, which request
was, Of course, refused. He was present
when search for the baby was instituted,
and said to Lottie, "you might as well tell
us where to find the baby. as you cannot
hide the fact. She stoutly denied it, and
kept denying it until confronted with
absolute proof. The doctor went on and
told much the same story detailed by Dir.
Case and when closely pressed concern
ing his opinion as TO qOheu the stocking
was tied around the child's neck, replied
'well, It's hard question to answer it
might have been done before the child was
wholly born, but that it was done after
wards would seem the more probable"
State rests.
Senator Werts asked the Court TO in
struct the jury to acquit, on the ground.
that the Prosecutor had not satisfactorik@
proven that the child had been born aliye,
and that the State had therefore not made
case sufficient to subject the prisoner to a
defense. He read considerable authority
bearing on the point, and presented strong
argument in support of his theory. The
Court declined to direct the jury to acquit,
but stated that it was incumbent upon the
State to prove beyond question that the
child was living, in the sense contemplated
by the law, when violence was applied
that it must be wholly and completely born,
to establish homicide.
Senator Werts at this point offered to
submit the case to the jury under the
charge OF the Court, provided the charge
be rendered at once. Judge Magic did not
feel willing to do this without some OPP
portunity for reflection. In this situation
the Senator proceeded with the defense,
stating that he proposed only to call few
physicians to establish the fact that the
evidence of child having breathed, as
indicated by the condition of the lungs as
detailed by doctors Case and Green, was
not sufficient evidence that it was alive
when wholly born, as respiration frequent
ly commences previous to complete BIRTH
Doctors Flagler, Barker. Lewis and
Douglas were unanimous to the effect that
the babe may breathe before and during
birth, which fact Vitiates the States theory
that the child was necessarily wholly born
before the stocking was applied
Mrs. Pruden was recalled, and testified
that she heard no baby cry or other I'M
usual noise up stairs the evening the child
was born, but she knew that Lottie was
complaining of feeling out of sorts, and
she Mrs. Pruden) felt worried about her
FRIDAY MORNING.
Stephen Prlden was recalled and testi>.
fed that Lottie was II years old on Dec.
goth last. She is the child of my sister,
and has lived with us since she was about
three months old.
Senator Werts here announced the close
of the defense. and his willingness to sub
nit The case without argument. Prosecu-
tor Cutler agreeing to this, Judge Magic
proceeded to instruct the jury to render a
verdict OF acquittal upon the ground that
the State had failed to prove that the stock
ing was tied about the child's neck after
complete birth, as contemplated by the
law ; this being the point raised yesterday
by Counselor Werts. and upon which the
Judge was not then entirely clear and de-
sired time for cogitatlon. 1t would
seem that the asiute Counselor was clear
in his own mind, and had rubbed the dust
off page of his Honors legal lore. The
jury accordingly rendered verdict of
acquittal without leaving their seats.
Lottie looked simply pleased. Her foster
parents, and indeed many others present,
looked very much more than pleased.
She was formally discharged by the Court,
aud left the room with her friends. Mr..
and Mrs. Pruden paused moment to
shake hands with and thank the able law
yer who had so successfully defended their
loved child. and. with tears in their eyes
went down stairs and packed up Lottie's
personal effects, and soon after took her
home to open new account in life's fitful